Agreement to sell -- Specific performance - Ready and willing - If purchaser was not willing to make payment of amount within specified time without fulfillment of some conditions, which was contrary to agreement, purchaser was not entitled to specific performance of contract...........
Agreement to sell -- Specific performance - Stamp duty is attracted only if delivery of possession was concurrent or contemporaneous with agreement in the absence of a recital in that regard as envisages u/art.47-A, Expl. I of Stamp Act and not when there is a reasonable time lag between execution of agreement and delivery of possession. (Stamp Act, 1899, Art.47-A,..........
Agreement to sell -- Specific performance - Lis pendens - Breach on the part of defendant and not of plaintiff - Sale deed executed and registered during pendency of suit hit by principle of lis pendens - An agreement purchaser has no title to property and is at best a nominee of seller - It is inconceivable that a seller can defeat sale by merely entering into agreement..........
Agreement to sell -- Specific performance - Ready and willing - Seller failed to redeem the mortgage land before stipulated date as agreed - Adverse inference against purchaser that they failed to appear before sub registrar on the date fixed for execution and sale deed cannot be drawn because land was still under mortgage - Thus, fault lies with defendants and it cannot..........
Registration Act, 1908, Section 17(1A), 17(2)(v), 49, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Suit for specific performance - Part performance - If a document of the type mentioned in S.53-A of the Transfer of Property Act is not registered, the transferee will not be able to take benefit of the provision of S.53-A - It does not mean that such a..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings - Rejection of - Validity - Plaintiff filed suit for decree of declaration to effect that impugned power of attorney, agreement to sell, letter of possession and receipt etc. are illegal and contrary to law and not binding on his rights - Defendant contested suit filed written statement but did not file any..........
Agreement to sell -- Specific performance - Grant of decree of recovery of earnest money - No reason forthcoming as to why plaintiff kept mum for a long period of 22 years after execution of agreement to sell - Nothing on record to support the plea that plaintiff kept on asking defendant for execution of sale deed in his favour at any point of time - Held, long delay in..........
Agreement to sell -- Suit decreed for refund of earnest money - In appeal thereagainst due execution of agreement and readiness and willingness not challenged - Appeal filed only qua payment of interest awarded on earnest money - Held, defendant cannot now urge that there was error on the part of first appellate Court for not re-appreciating the evidence with regard to..........
Agreement to sell -- Recovery of double of earnest money - Absence of pleading and proof of having suffered loss on account of breach by vendor - In absence of any loss whatsoever, an aggrieved party cannot claim that it is still entitled to liquidated damages without at least proving a semblance of loss...........
Agreement to sell -- Specific performance - Agreement voluntarily and consciously entered by defendant - Earnest money proved - Signature on agreement admitted by defendant - Readiness and willingness of plaintiff also proved - As regards fraudulent agreement made by plaintiff, in the absence of necessary details, as required U.O.6.R.4 CPC, it cannot be said that..........
